₦airaland Forum

Shikini:

Prof Farooq Kperogi once stated that he has never seen anyone supporting Buhari without sounding so stupid and
I agree with the Prof completely.

You will be surprised how all these zombies hailing Buhari today will foolishly hail him again tomorrow when he withdraws the charges against CJN.
They are as brainless as their master in Aso Rock
.

Bros, in my entire life, I have never seen anything close to this. Even people who are supposed to be very educated, are hailing and applauding a primary cert holder, which in itself, is not wrong. What is wrong however, is their following him blindly in spite of his cluelesness and nepotistic tendencies. If there is anything like jazz, then this is it

lexy2014:
We aren't in disagreement as 2 who enjoys immunity and who doesn't enjoy immunity. D bone of contention is that despite d fact that judicial officers don't enjoy immunity, d constitution clearly states how they should b handled if they run foul of d law in d discharge of their duties as judicial officers. This is 2 ensure separation of powers& guarantee d independence of d judiciary. But when u now come& say there are exceptions 2 due process, how do u expect me to agree with u on that? That's y I asked u is there anywhere in d constitution that says there are exceptions 2 due process? Immunity against prosecution for sitting governors is due process. Going by ur argument, y has Ganduje not been prosecuted by EFCC using ur argument that "there are exceptions to due process?" If u support d executive waving due process cos of judges misdemeanor as it did in PH, then it should wave d same due process and direct EFCC to prosecute Ganduje. That will b seen as fairness& equity

Ganduje is a sitting governor that means he enjoys immunity, that means even if he commits a crime he has immunity, but how ever if a judge commits a crime he will be arrested and investigate, why? The need for evidence, it's the evidence that even the NJC will ask for to kick them into making investigations, which can lead to the prosecution and arrest of the judge, this is were I said there are some exceptions in due process.
However if you like present evidence as big as a house against a sitting governor, you won't get him arrested, until he leaves office.

lexy2014:
Oh u mean no one wrote petition against kemi? So how did d kemi issue come out? So because there was no petition that's y she wasn't tried? Then y did she resign? Immunity of a governor doesn't stop efcc from investigating. When EFCC froze accounts of Benue state, y did efcc announce it? When they were investigating fayose as governor, how did we all no?

NB: in d highlighted, are u saying no petition was written against kemi because no charges were brought against her?

My bad, apparently there were petitions that requested she resign as a result of the scandal and She did that. Stop deflecting though, fayose was investigated while he was in office but he wasn't prosecuted, in this situation the CJN can be prosecuted if he is found wanting. Or are you saying that he is above the law because he is the CJN? Don't bring up anymore what about this or that, just say if you believe he shouldn't be prosecuted for falsely declaring assets which is the petition filed against him and he has admitted to.

pryme:
Ganduje is a sitting governor that means he enjoys immunity, that means even if he commits a crime he has immunity, but how ever if a judge commits a crime he will be arrested and investigate, why? The need for evidence, it's the evidence that even the NJC will ask for to kick them into making investigations, which can lead to the prosecution and arrest of the judge, this is were I said there are some exceptions in due process.
However if you like present evidence as big as a house against a sitting governor, you won't get him arrested, until he leaves office.

If u read what I wrote earlier u will c where I said

"despite d fact that judicial officers don't enjoy immunity, d constitution clearly states how they should b handled if they run foul of d law in d discharge of their duties as judicial officers. This is 2 ensure separation of powers& guarantee d independence of d judiciary."

D key here should b d principle of separation of powers which d constitution seeks 2 promote. Also take note of where I said "if they run foul of d law in d discharge of their duties as judicial officers."

So if d DSS is sent like it was sent 2 arrest judges in PH cos d executive felt they weren't doing their jobs well, that is a breach of d constitution. There's no exception 2 due process that can justify that. Its that simple.

4d fact that u say "there are exceptions 2 due process", means u are saying d constitution should b breached or overlooked by d executive when it so feels. That's y I asked u, where in d constitution do u have where it says " there are exceptions to due process?" If u can show me, I rest my case. Again, I also told u immunity against prosecution 4a sitting governor is "due process". So if u say "there are exceptions to due process", that means d executive thru its agencies can prosecute a sitting governor.

If it is d NJC that is instigating an investigation into its judges or doing it based on a petition& calling 4 their arrests, that isn't an exception 2 due process. It is due process.

Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/

Same constitution under the CCB act says

"16. Allegation of breach of provisions of this Act

Any complaint that a public officer has committed a breach of or has not complied with the provisions of this Act shall be made to the Bureau."

The way Nigeria is going, makes me alarmed. Agreed, he is partly right in saying there is a laid down procedure in removing the CJN. The question i put to him is, has the CJN being removed? Is it wrong to ask the CJN in the interest of the Judiciary to step aside? The matter of sit tight in office no matter what is one of the things morally killing Nigeria. Morally, the CJN ought to have resigned by now in a sane world but nothing is sane here.

Am not holding forth for the FG especially if these allegations are just a ruse to get him out of office. Only the CCT can decide so let the court do its job.

The chief justice should disregard the arraignment.

Let the petioners write the appropriate authority that has the jurisdiction of arraigning the CJ. All courts in the federation must go on strike to send a message to the executive that they are not the only arm of government.

This is tyranny in disguise.

Kusetic:
My bad, apparently there were petitions that requested she resign as a result of the scandal and She did that. Stop deflecting though, fayose was investigated while he was in office but he wasn't prosecuted, in this situation the CJN can be prosecuted if he is found wanting. Or are you saying that he is above the law because he is the CJN? Don't bring up anymore what about this or that, just say if you believe he shouldn't be prosecuted for falsely declaring assets which is the petition filed against him and he has admitted to.

Can u pls show me or tell me how am deflecting? If u can do that, I would b most glad.

Going by ur line of thought that it is petition that instigates prosecution, how come kemi wasn't eventually prosecuted since we are now in agreement that petitions were written against her?

Y shouldn't I "bring up any more about this or that?" If u feel my "this or that" is wrong or u don't agree with it, counter it with ur facts. U can't tell me what I should say or not say.

If u followed my posts, am sure u would gotten a better understanding of d point I was making. D fact that d CJN can b prosecuted isn't in doubt. D question is how. That is what Afe Babalola was trying to clarify

nawebco:
Hello all. I feel that I need to put in my two bits in the Onoghen CCB debate. First let me tell you where I stand. I am for strong institutions & the rule of law. I believe that the law should be no respecter of persons. With that foundation, please follow me on this journey

Facts only:
a) Has the CJN been removed, answer is NO?
b) Can the President remove the CJN, the answer is Yes/No
c) Can the CJN be arraigned before the CCB? The answer to me is inconclusive, but I will be rooting for YESS and I will explain as we go on further.

Can the President Remove the CJN?
Yes he can remove the CJN but on the recommendation of the National Judicial Council (NJC) and the NJC itself is advised by the Federal Judicial Service Commission. Please see the following images which are excerpts from the Constitution

From the provisions it is clear that the President must receive recommendations from the NJC before he can appoint or remove Onnoghen & if fact other S.Ct Justices /Justice of Federal Courts. This is in consonance with the principles of Separation of Powers with checks & balances

You will observe from the provisions of the Const. that the CJN is a member of the two bodies that have a say in his removal. This very fact again offends another very key maxim of equity which is "nemo judex in causa sua" meaning that "you cannot be a judge in your own cause"

What can propel the FJSC and the NJC to start proceedings against the Chairman of their respective boards? The Attorney General must send in a petition to the NJC and ask them to investigate their own chairman and recommend him for removal. We can all see the legal conundrum

Who will nominate the judge that is next in line to the CJN to start the process of investigating the CJN & what is there to investigate? The CJN has admitted all charges brought against him by the CCB. From this point of view, the NJC need no further evidence? CJN is wrong.

So what should happen? How does the FGN go forward on this. Judging by all the conundrum of the NJC, should the FGN do nothing when it is obvious that the NJC will likely do nothing? How does the FGN which has the right of initiating the prosecutorial process go on?

The FGN through the CCB initiates a trial before the CCT? Was the CCB right or wrong? We again go to the Constitution. What are the functions & duties of the CCB? The Constitution tries to entrench transparency & accountability in public servants by requiring asset declaration

The CJN is a public officer who is caught smack at the centre of this misbehaviour. It is important to note that the CJN HAS NO IMMUNITY. So nothing stops CCB from arraigning him before CCT on false declaration of assets. I believe the case of Nganjiwa Vs FRN can be distinguished

Before I distinguish the two situations let us look at what awaits the CJN at the CCT. Again we look at the Constitution.

If the CJN is found guilty (& in this case he has admitted guilt anyway) the CCT can remove him from office, ban him from future office for 10 years, confiscate assets & other punishment which the NASS has prescribed. Has NASS or will NASS ever prescribe additinal punishment?

Now to distinguish Nganjiwa Vs FRN to this CJN scenario, mind you this is what I shall be arguing if I were the FGN's lawyer. Nganjiwa J, was arrested and arraigned on charges of corruption under EFCC Act

The charges are strictly criminal. In CJN's case he is arraigned under a specific law -Code of Conduct which is what it says a rule for public servants that guides their behaviour. It is not stricto sensu a crime but a failure to act judiciously & for which the punishments...

are also not stricto sensu jail term. Is there a need of recourse to the NJC in a case where another govt constitutional constituted body has powers to decide on a specific infraction? I would submit no. The FGN should have this issue decided as a preliminary issue because

there seems to be a judicial protectionism which is sneaking in Immunity that the constitution has not granted to judicial officers. The CJN has been arraigned, let us test the constitution and the powers it gives and where there is need for a reform in law, let us do so.

The administration of justice in Nigeria is being rubbished if the CJN continues in office knowing that he has lost credibility to preside. We as Nigerians do not know the damage we do to our own institutions when we carry on with the prism of ethnicity & politicking

Every single decision of the S.Ct on corruption that had Onnoghen as a member of the panel is under a hue, from now onwards he is impotent. It is similar to @HMKemiAdeosun's case. He needs to resign since he knows he cannot be sacked. That is the right thing to do.

As for me, I would continue to urge the FGN to bring all these issues to the public, not minding the times or seasons. We need to hold public officers accountable & they need to hold themselves accountable. The CJN, having admitted wrong doing needs to resign honourably.

3 gbosa for you.

Gbosa! Gbosa!! Gbosa!!!

When will Nigerians, learned and non learned choose the right and moral issues over partisanship.

What ever national issue we have, 95% of Nigerians will tow the partisan line.

If this CJN after admitting his guilt doesnot resign, while having the support of some Nigerians not to, we are damaging our own institutions by ourselves.

ehissi:
Stop talking brashly.

The CJN is just one member of the NJC with just one vote. Decisions of the Council are put to vote. Its like presenting a case before the senate stating that the President of the senate is corrupt.

It will go through the house ethics on committee. The report of the committee will be debated upon and put to a vote.

The Senate President will simply exclude himself from such debate and handover to his deputy to handle the preceedings.

Thats how its done. Stop typing radarada upandan, abi na you them send come replace MC oluomo seh?

And who is going to preside over the votes?

First and foremost, being the accused, he is morally not supposed to vote. Secondly, he cannot preside over voting over his own case. If it were another member of the NJC, that member will be excused from that meeting that will decide his case. Can the chairman in this case be excused? No. It is the chairman that should morally excuse himself in the interest of the institution.

pryme:
Thank you for this elaborate piece. Unfortunately 150 SANs that want to defend the CJN don't see things this way. I was carefree when I was not educated, but I became angry when I was, because you wonder how can people that were educated in the best schools can be so daft, like they were never taught these things you know in school.

Now the Children of hate are blind to the fact that the CJN has admitted he erred. They will never see any sense in what you wrote.

Tell me where we are headed as a country.

Your very own teacher who refined your common sense with logical sense is now exhibiting total "lack of sense" or better still "total disregard for common sense".

It hurts me that SANs and doing this to us.

Naija i hail thee.

swazy85:
You are a fool,by there fruit you shall know them ,idiot stop been bias

This is how a typical Nigerian behaves.

lexy2014:
Can u pls show me or tell me how am deflecting? If u can do that, I would b most glad.

Going by ur line of thought that it is petition that instigates prosecution, how come kemi wasn't eventually prosecuted since we are now in agreement that petitions were written against her?

Y shouldn't I "bring up any more about this or that?" If u feel my "this or that" is wrong or u don't agree with it, counter it with ur facts. U can't tell me what I should say or not say.

If u followed my posts, am sure u would gotten a better understanding of d point I was making. D fact that d CJN can b prosecuted isn't in doubt. D question is how. That is what Afe Babalola was trying to clarify

Yeah you keep bringing up ganduje and kemi Adeosun, those situations are different to this and would only lead to rhetorics. The CJN is to be arraigned before the CCT, there he can now move for his case to be tried by the NJC if he can prove without a doubt that it is unconstitutional for him to be tried by the CCB. And just because afe babalola and falana give their own interpretation of the Constitution for this scenario doesn't mean the state cannot interpret it another way. Walter Onnoghen himself hasn't made such statements so why are people crying more than the bereaved. Let him defend himself.

Kusetic:
Yeah you keep bringing up ganduje and kemi Adeosun, those situations are different to this and would only lead to rhetorics. The CJN is to be arraigned before the CCT, there he can now move for his case to be tried by the NJC if he can prove without a doubt that it is unconstitutional for him to be tried by the CCB. And just because afe babalola and falana give their own interpretation of the Constitution for this scenario doesn't mean the state cannot interpret it another way. Walter Onnoghen himself hasn't made such statements so why are people crying more than the bereaved. Let him defend himself.

What's wrong in bringing up kemi& Ganduje cases? Are they not also corruption cases? If u go 2d court of law, don't lawyers make references? Were do people not make references 2 buttress their points? .

This is ur post:

"People are not just handed over to the EFCC and the CCB, petitions are filed against them with proofs of misconduct, then these commissions act on the petitions. That's what has been done in this case against the CJN, but Nigerians talk behind these people and expect them to be magically transported into jail cells. Even Buhari can't do that."

Based on d above, when petitions are filed, then prosecution begins. So its very much in order 2 ask y was kemi not prosecuted when petitions were filed against her with proof of misconduct? If it is being done 2d CJN who d president doesn't have powers 2 prosecute, y didn't he do it 2 kemi who he had powers 2 prosecute? U need 2 ask these questions so as 2 assess intent.

D constitution doesn't allow 4d CJN 2b tried at d CCT b4 he is then tried by d NJC. Its d other way around. D NJC first and if d offence warrants a hearing at d CCT, d NJC will so direct.

What does d constitution say about this matter? Is it in line with what falana& Babalola said or is it in line with what d FG said? So if u can prove that Babalola & Falana are wrong based on d constitution, please prove it.

Also, its not d job of d executive to interpret d constitution. It is d job of d judiciary. Babalola & Falana are part of d judiciary. D constitution as far as this issue is concerned is very explicit that's y onnoghen doesn't need to talk. d constitution is speaking 4 itself.

lexy2014:
We aren't in disagreement as 2 who enjoys immunity and who doesn't enjoy immunity. D bone of contention is that despite d fact that judicial officers don't enjoy immunity, d constitution clearly states how they should b handled if they run foul of d law in d discharge of their duties as judicial officers. This is 2 ensure separation of powers& guarantee d independence of d judiciary. But when u now come& say there are exceptions 2 due process, how do u expect me to agree with u on that? That's y I asked u is there anywhere in d constitution that says there are exceptions 2 due process? Immunity against prosecution for sitting governors is due process. Going by ur argument, y has Ganduje not been prosecuted by EFCC using ur argument that "there are exceptions to due process?" If u support d executive waving due process cos of judges misdemeanor as it did in PH, then it should wave d same due process and direct EFCC to prosecute Ganduje. That will b seen as fairness& equity

The bonded is the key phrase. Can failure to correctly declare asset before or after assuming the position of chief justice be seen as of discharge of duty as a judicial officer.

In the Nigerian constitution, the immunity granted governors is clear and not subject to any other interpretation, so no due process can be waived.

In the case of judicial and legislative members, including their heads, immunity is not explicitly given, it is only implied under certain conditions, so it is subject to various interpretations.

wirinet:
The bonded is the key phrase. Can failure to correctly declare asset before or after assuming the position of chief justice be seen as of discharge of duty as a judicial officer.

In the Nigerian constitution, the immunity granted governors is clear and not subject to any other interpretation, so no due process can be waived.

In the case of judicial and legislative members, including their heads, immunity is not explicitly given, it is only implied under certain conditions, so it is subject to various interpretations.

Y did d CJN declare his assets? Did he do it cos he is Walter onnoghen or because he is d CJN?

Is there anywhere I told u that due process can b waived 4 sitting governors as far as immunity from prosecution is concerned?

adanny01:
And who is going to preside over the votes?

First and foremost, being the accused, he is morally not supposed to vote. Secondly, he cannot preside over voting over his own case. If it were another member of the NJC, that member will be excused from that meeting that will decide his case. Can the chairman in this case be excused? No. It is the chairman that should morally excuse himself in the interest of the institution.

Bros When the chairman of the NJC in the person of the CJN is under review he is by proper conduct not to participate in judicial review nor vote over his review, vice chairman takes over.

He will simply absent himself from such sitting and not resign all together. That is the standard.

Nevertheless, that is not an excuse to accuse and arraign the head of the third arm of the Nigerian government, the judiciary in less than 72hrs.

For crying loud, when was he accused, investigated and arraigned for prosecution? The only Chief Justice of the Nigeria Supreme court that the south has produced since 1987, is treated like a motor park tout.

For your information, police is under the Judiciary as an arm of government. The law says he must be exonerated or dismissed based on review/recommendations made by NJC, why will any government start doing all this rubbish.

And they chose to use Justice Danladi, who went to the former Comptroller general of customs to demand #100million Naira bribe under Jonathan administration to try him.

Danladi used restraining order to push away EFCC till date. It was when they wanted to get saraki in CCT, that EFCC came all of a sudden and claimed that Danladi has been cleared of all charges when the former CG of customs presented proof to the same EFCC of his demand for bribe and is still insisting that Danladi came to ask for 100million Naira bribe or he will have him charged to his court.

It was when they charged Former customs boss to his court, that CG went to a highe court to get an order to assign another judge since he cannot be sitting in a court, receiving judgement from a justice who has a penchant for blackmailing public office holders......

ehissi:
Bros When the chairman of the NJC in the person of the CJN is under review he is by proper conduct not to participate in judicial review nor vote over his review, vice chairman takes over.

He will simply absent himself from such sitting and not resign all together. That is the standard.

Nevertheless, that is not an excuse to accuse and arraign the head of the third arm of the Nigerian government, the judiciary in less than 72hrs.

For crying loud, when was he accused, investigated and arraigned for prosecution? The only Chief Justice of the Nigeria Supreme court that the south has produced since 1987, is treated like a motor park tout.

For your information, police is under the Judiciary as an arm of government. The law says he must be exonerated or dismissed based on review/recommendations made by NJC, why will any government start doing all this rubbish.

And they chose to use Justice Danladi, who went to the former Comptroller general of customs to demand #100million Naira bribe under Jonathan administration to try him.

Danladi used restraining order to push away EFCC till date. It was when they wanted to get saraki in CCT, that EFCC came all of a sudden and claimed that Danladi has been cleared of all charges when the former CG of customs presented proof to the same EFCC of his demand for bribe and is still insisting that Danladi came to ask for 100million Naira bribe or he will have him charged to his court.

It was when they charged Former customs boss to his court, that CG went to a highe court to get an order to assign another judge since he cannot be sitting in a court, receiving judgement from a justice who has a penchant for blackmailing public office holders......

You made sense with the bolded which i agree with you but would rather disregard all you wrote thereafter.

In my opinion, the constitution is the problem and we have been exposing all the loopholes in the constitution without plugging them. Since you are conversant with the law, i wish to ask you, can the CCT try a serving president?

Am sure your answer is no, why, He (VP and governors inclusive) enjoy immunity by the constitution.

Meanwhile, the NJC law says NJC has powers to:
(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;

Am not a lawyer but the law has a flaw of not specifically limiting this law to the issues of their duties as justices.

One person made an observation that if the CJN or any other member of the council shoots and kill anyone in front of witness. Is it the NJC that will exercise diciplinary control over that member even before the police file criminal charges?

As far as am concerned, the CCB has power over all public officers and even the president. No law (even the immunity the president ) overcomes that of the CCB.

pryme:
And what if the NJC decides to drag their foot or ignore the prosecution till after election, only to offset a credible election because there will definitely be election cases taken to tribunals.

Justice Onnoghen is from Cross River, we know that Cross River is a PDP state.

That aside,
How many corrupt Judges has the NJC handed over to the EFCC or DSS or AGF for investigation and prosecution, the last ones that where arrested where retired with full benefits by the NJC. But if it a common man or someone that is not a judge the NJC will open their law books and met out sentences they see fit.

The NJC is just as guilty as the FG on this one, because they have bastardized the due process of prosecuting a siting Judge that is corrupt.

What if! What if!! You just based your argument on assumption

Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/

Is our highly esteemed Afe Babalola San, correct in his summation?

Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)

292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -

(a) in the case of -

(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

(2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.

adanny01:
You made sense with the bolded which i agree with you but would rather disregard all you wrote thereafter.

In my opinion, the constitution is the problem and we have been exposing all the loopholes in the constitution without plugging them. Since you are conversant with the law, i wish to ask you, can the CCT try a serving president?

Am sure your answer is no, why, He (VP and governors inclusive) enjoy immunity by the constitution.

Meanwhile, the NJC law says NJC has powers to:
(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;

Am not a lawyer but the law has a flaw of not specifically limiting this law to the issues of their duties as justices.

One person made an observation that if the CJN or any other member of the council shoots and kill anyone in front of witness. Is it the NJC that will exercise diciplinary control over that member even before the police file criminal charges?

As far as am concerned, the CCB has power over all public officers and even the president. No law (even the immunity the president ) overcomes that of the CCB.

False........This is the opinion the APC led government shares when they want to interpret the law to suit their political inactions.

First of all, the CCT can't try the President and can't even try the CJN.

The reason is clear, whatever comes out of this trial is a mere suggestion, one injunction from a high court will set aside the entire judgement like pampers whey baby shiit put, that is why Falana rightly judged it as a misadventure.

It's like the nonsense Justice Abang did, when he nullified Ikpeazu's mandate as governor of abia state, on the stupid basis that he forged tax clearance. No recourse to Abia inland revenue service or abia state government who was his employer, you just sat down in your court and entertained a suit from an ordinary citizen on a criminal case and decided that it is fake, is it not the job of the state to prosecute such cases? Is it the job of a civil servant to prepare tax clearance or the employer - in this case a government agency - that pays the tax and collect clearance of behalf of the employee?

By time the appeal court received that case eh, they tore the judgement apart, small thing they would have accused Justice Abang of collecting bribe. Judgement that a 100level law student cannot even recommend, a whole high court judge through interpretation stood the law and justice on its head. Shameful

The only challenge is that the move to justice is a slow marathon and not a sprint, hence APC led FG have the effontry to bring it, knowing that even if the real trial fails, the media trial may succeed and cast a shadow on Justice Onnoghen, by the time the case is closed, some other national issues will distract Nigerians from this charade.

Justice Danladi doesn't have jurisdiction and will be stupid to release any judgement whatsoever, he will simply adjourn judgement delivery and dismiss the case like he did Saraki's case.

He will just play around with it and throw it out much later.

You dey here abang name anywhere? When you start delivering judgements coloured with bias, you will find yourself gradually losing a grip on your career as a judge.

That's the truth. Except you are dealing with a person who is just anti-establishment in political ideology or posture, no soud lawyer or jurist will applaud this nonsense.

And I say it again, CCT cannot try CJN neither can it try any executive. Only 2/3 vote in parliament of competent jurisdiction can take out an executive. If CCT releases a judgement, the best it can do is to communicate it to state of federal parliament.

They will debate its merit and then impeach the executive, only then can the judgement apply, if not, the judgement is not worth the paper it is written on.

CJN is way out of CCT's league, watch, observe and learn

ehissi:
False........This is the opinion the APC led government shares when they want to interpret the law to suit their political inactions.

First of all, the CCT can't try the President and can't even try the CJN.

The reason is clear, whatever comes out of this trial is a mere suggestion, one injunction from a high court will set aside the entire judgement like pampers whey baby shiit put, that is why Falana rightly judged it as a misadventure.

It's like the nonsense Justice Abang did, when he nullified Ikpeazu's mandate as governor of abia state, on the stupid basis that he forged tax clearance. No recourse to Abia inland revenue service or abia state government who was his employer, you just sat down in your court and entertained a suit from an ordinary citizen on a criminal case and decided that it is fake, is it not the job of the state to prosecute such cases? Is it the job of a civil servant to prepare tax clearance or the employer - in this case a government agency - that pays the tax and collect clearance of behalf of the employee?

By time the appeal court received that case eh, they tore the judgement apart, small thing they would have accused Justice Abang of collecting bribe. Judgement that a 100level law student cannot even recommend, a whole high court judge through interpretation stood the law and justice on its head. Shameful

The only challenge is that the move to justice is a slow marathon and not a sprint, hence APC led FG have the effontry to bring it, knowing that even if the real trial fails, the media trial may succeed and cast a shadow on Justice Onnoghen, by the time the case is closed, some other national issues will distract Nigerians from this charade.

Justice Danladi doesn't have jurisdiction and will be stupid to release any judgement whatsoever, he will simply adjourn judgement delivery and dismiss the case like he did Saraki's case.

He will just play around with it and throw it out much later.

You dey here abang name anywhere? When you start delivering judgements coloured with bias, you will find yourself gradually losing a grip on your career as a judge.

That's the truth. Except you are dealing with a person who is just anti-establishment in political ideology or posture, no soud lawyer or jurist will applaud this nonsense.

And I say it again, CCT cannot try CJN neither can it try any executive. Only 2/3 vote in parliament of competent jurisdiction can take out an executive. If CCT releases a judgement, the best it can do is to communicate it to state of federal parliament.

They will debate its merit and then impeach the executive, only then can the judgement apply, if not, the judgement is not worth the paper it is written on.

CJN is way out of CCT's league, watch, observe and learn

Some of you like talking gibberish and assuming everyone is as partisan as yourself.

Just like NASS budget functions as prescribed in the constitution has overstretched to beyond their responsibility such that they interfere with day to day executive matters, so is the Judiciary claiming immunity through the backyard.

While the NJC law is meant for Judicial matters while CCB is for all public officers. Which one supercedes. The Judiciary is claiming this law protects them from the police, EFCC, ICPC and other independent courts such as the CCT.

Just like the Judiciary is independent, CCT is also independent of all the 3 arms of government. The constitution places all public officers under the CCB. From the President to the local government cleaner.